Why Did the NCLT Let Subhash Chandra Settle ₹22,006 Crore of Claims for ₹6.5 Crore, and Can Lenders Still Recover the Rest?
Insolvency · Banking · India · IBC Part III · Explainer
Why Did the NCLT Let Subhash Chandra Settle ₹22,006 Crore of Claims for ₹6.5 Crore, and Can Lenders Still Recover the Rest?
A creditor-by-creditor breakdown of the order approved on 25 August 2026: who voted, what each objecting lender is due to receive, why the tribunal declined to price the claims itself, and the four recovery routes that survive the plan.
A man who signed guarantees worth around ₹22,000 crore will pay ₹6.5 crore, and a tribunal has said that is lawful. That sentence is accurate, and on its own it is close to useless. It tells you nothing about who the money is owed to, why nobody could get more, which creditors were outvoted, or what happens to the loans themselves once this proceeding closes.
The order approving the plan runs to well over a hundred pages, and the reporting around it has been compressed into a single percentage. This piece goes the other way. It works through the creditor list line by line, recomputes the vote from the schedule, converts the recovery rate into rupees for every lender in the case, and separates what the tribunal actually decided from what commentators have assumed it decided.
Everything below is attributed. Where a figure is our own arithmetic rather than a reported number, it says so. Where reports disagree, both versions appear.
Quick Summary
The Delhi bench of the NCLT approved Subhash Chandra’s repayment plan under Section 114 of the IBC on 25 August 2026. Member (Judicial) Nilesh Sharma decided the case as a third member after the original bench split. The plan pays creditors ₹6.25 crore plus ₹25 lakh of process costs against ₹22,006.57 crore of admitted claims, a recovery of about 0.028 per cent. Creditors holding 80.81 per cent of voting share had approved it; seven institutions holding 18.39 per cent voted against and are bound anyway. The claims are against Chandra as guarantor, and the principal borrowers remain liable, with about ₹1,494 crore expected from them.
It started with one loan, not with ₹22,000 crore
The scale of the final number hides how small the trigger was. Bar and Bench reports that Indiabulls Housing Finance, now Sammaan Capital, moved the tribunal in 2022 under Section 95 of the Insolvency and Bankruptcy Code after Vivek Infracon defaulted on a ₹170 crore loan on which Chandra had signed a personal guarantee.
Section 95 is the provision that lets a creditor start insolvency proceedings against a personal guarantor. Once the plea was admitted in 2024, the process stopped being about one loan. A resolution professional was appointed, claims were invited, and every creditor holding a guarantee signed by the same individual could file. The Week reports that 23 creditors came forward and the admitted total climbed to ₹22,006.57 crore.
That is the mechanism that turned ₹170 crore into ₹22,006.57 crore. Not new borrowing, not fresh default, but the aggregation of every guarantee one person had signed for a group of companies into a single personal estate proceeding.
Debt, claim and recovery are three separate quantities
Almost every misreading of this order comes from collapsing three different things into one word. Getting them apart is the whole exercise.
The chain, in the order it happens
Debt is what a company borrowed and is contractually bound to repay. A claim is what a creditor asserts is payable to it in an insolvency proceeding, and against whom. Recovery is the cash that actually arrives. A personal guarantee sits between the second and the third. It adds a person the lender can claim against; it does not add assets. When that person’s realisable estate is small, an enormous claim converts into a tiny recovery, and no tribunal can manufacture the difference.
Business Standard states the position on this case plainly: the ₹22,006.57 crore represents claims admitted against Chandra in his capacity as guarantor for loans taken by companies and other principal debtors, and a guarantor’s liability can be far larger than the assets he personally owns. The principal borrowers remain separate entities with their own obligations.
So “99.97 per cent of the debt has been written off” is not what happened. What happened is that 99.97 per cent of the claims filed against one individual’s personal estate will go unpaid from that estate. The loans themselves sit elsewhere, with different obligors and, in several cases, with security still attached.
The full creditor roll call, with what each one stands to get
Voting share in a personal insolvency proceeding is proportional to admitted claim value, which means the schedule of creditors is also, in effect, the schedule of who decides the outcome. Here is the complete list of 23, with the stance each took on the repayment plan and the pro-rata payout their voting share implies from the ₹6.25 crore corpus.
| No. | Creditor | Voting share | Vote on the plan | Pro-rata payout |
|---|---|---|---|---|
| 1 | World Crest Advisors | 28.49% | Favour | ₹178.06 lakh |
| 2 | Lemonade Capital Advisors LLP | 16.85% | Favour | ₹105.31 lakh |
| 3 | Catalyst Trusteeship (CINDA FPI) | 11.85% | Favour | ₹74.06 lakh |
| 4 | Corpcall Capital Advisors LLP | 10.30% | Favour | ₹64.38 lakh |
| 5 | LIC Housing Finance | 6.09% | Against | ₹38.09 lakh (as ordered) |
| 6 | Veena Investments Private Limited | 4.99% | Favour | ₹31.19 lakh |
| 7 | IDBI Trusteeship (Franklin Templeton) | 3.36% | Against | ₹21.00 lakh |
| 8 | HDFC Bank Limited | 3.17% | Against | ₹19.81 lakh |
| 9 | Axis Bank Limited | 2.86% | Against | ₹17.88 lakh |
| 10 | IDBI Trusteeship (Edelweiss Fund) | 2.60% | Did not vote | ₹16.25 lakh |
| 11 | Indiabulls Housing Finance | 1.98% | Favour | ₹12.38 lakh |
| 12 | Canara Bank | 1.60% | Against | ₹10.00 lakh |
| 13 | Direct Media Distribution Ventures | 1.15% | Favour | ₹7.19 lakh |
| 14 | IndusInd Bank Limited | 1.11% | Did not vote | ₹6.94 lakh |
| 15 | Kautilya Traders Pvt Ltd | 1.02% | Favour | ₹6.38 lakh |
| 16 | Union Bank of India (UK) Ltd. | 0.76% | Against | ₹4.75 lakh |
| 17 | Anil Kumar | 0.67% | Favour | ₹4.19 lakh |
| 18 | RBL Bank Limited | 0.55% | Against | ₹3.44 lakh |
| 19 | Axis Trustee Services Limited | 0.18% | Did not vote | ₹1.13 lakh |
| 20 | Sunil Jain | 0.18% | Favour | ₹1.13 lakh |
| 21 | Axis Trustee Services Limited | 0.11% | Did not vote | ₹0.69 lakh |
| 22 | Catalyst Trusteeship (HDFC Asset Mgt) | 0.06% | Did not vote | ₹0.38 lakh |
| 23 | Axis Trustee Services Limited | 0.04% | Did not vote | ₹0.25 lakh |
The payout column is our calculation, not a published schedule. It applies each creditor’s voting share to the ₹6.25 crore corpus. The method checks out against the one figure the order does record: LIC Housing Finance’s 6.09 per cent of ₹6.25 crore is ₹38.06 lakh, and the order records ₹38.09 lakh. Business Standard has reported that the approval is subject to changes in the list of eligible creditors and redistribution of the corpus, so treat every other row as an illustration of scale rather than a final entitlement.
Read down that column and the practical meaning of a 99.97 per cent haircut becomes concrete. The single largest creditor in the case, holding more than a quarter of all admitted claims, receives under ₹1.8 crore. Three of the twenty-three receive less than ₹1.2 lakh each. These are amounts a mid-sized company would treat as a rounding error in a quarterly provision.
The vote, recomputed from the schedule
The 80.81 per cent approval figure did most of the heavy lifting in the tribunal’s reasoning, so it deserves to be taken apart rather than repeated. Aggregating the schedule gives three blocs: ten creditors holding 77.48 per cent voted in favour, seven holding 18.39 per cent voted against, and six holding 4.10 per cent did not vote at all.
World Crest Advisors at 28.49 per cent, Lemonade Capital Advisors at 16.85 per cent, Catalyst Trusteeship acting for a CINDA fund at 11.85 per cent and Corpcall Capital Advisors at 10.30 per cent together held 67.49 per cent of the vote. All four supported the plan. The seven institutions that opposed it held 18.39 per cent between them. On voting weight, the banks were never in a position to block anything.
Worked example: where 80.81 per cent comes from
Add the supporters at 77.48 per cent to the objectors at 18.39 per cent and you get 95.87 per cent of voting share actually cast. Divide 77.48 by 95.87 and the result is 80.82 per cent, with 19.18 per cent against. Business Standard reports Chandra’s own statement putting the split at 80.814 per cent and 19.186 per cent, and noting that many of the remaining creditors did not vote despite the resolution being open for several days. Our arithmetic and his figures agree to within a rounding error, which confirms the headline number is a share of votes cast, not of total claim value. The 4.10 per cent that abstained lifted the approval rate by roughly 3.3 percentage points without a single vote changing.
This is not a technicality. A credit officer reading “80.81 per cent of creditors approved” will assume that four in every five rupees of claim actively supported the outcome. In fact, just over 77 in every 100 did. Abstention in a voting-share regime is not neutrality; it is silent support for whichever side is ahead.
What each objecting lender actually receives
The seven institutions that voted against the plan hold ₹4,047 crore of claims between them on our calculation from their voting shares. Their combined entitlement under the plan is about ₹1.15 crore. The chart below breaks that down lender by lender.
LIC Housing Finance told the tribunal the payout was unviable and unlawful, and Bar and Bench reports it also argued that even the ₹6.5 crore was described in the plan as indicative and uncertain. A senior banking executive quoted by Business Standard was blunter, saying a plan with this much haircut is totally unviable
and that an NCLAT appeal was being explored.
One conversion makes the point stick. At 0.0284 per cent, a creditor receives about ₹2,840 for every ₹1 crore of admitted claim, or roughly 28 paise for every ₹1,000. LIC Housing Finance, on the recorded figure, does marginally better at about 29 paise per ₹1,000.
Why the tribunal refused to price the claims itself
The obvious question is why an adjudicating authority accepted a number that every institutional lender in the room called indefensible. The answer sits in what Section 114 actually asks a tribunal to do.
Business Standard’s explainer sets out the position: the IBC does not fix a universal minimum percentage that creditors must recover under a personal-guarantor repayment plan. It prescribes a process instead. The guarantor prepares a plan with the resolution professional, creditors consider and vote on it, and the adjudicating authority then examines whether the plan can be approved under the Code.
The tribunal said it could not substitute its own commercial judgment for that of the creditors. Its questions were whether the statutory process had been followed, whether the voting was valid, whether the plan complied with the Code, and whether there was any legal basis to interfere. Not whether ₹6.25 crore was a fair price for ₹22,006.57 crore of claims.
The valuation argument the tribunal accepted
According to the resolution professional’s valuation, Chandra’s realisable personal estate was worth significantly less than the amount offered under the plan. On that finding, ₹6.25 crore was not a discount on what creditors could collect. It was more than what they could collect. Reporting of the order records the further reasoning that dissenting creditors were unlikely to do better by rejecting the plan, because the alternative was bankruptcy rather than a resolved debtor able to make payments. Business Standard illustrates the logic simply: if someone owes ₹1,000 and only ₹10 can realistically be recovered, refusing ₹15 does not produce ₹1,000.
Whether that valuation is right is a separate question from whether the tribunal was entitled to rely on it, and it is the question an appellate bench would have to engage with.
Sections 115 and 138: the part dissenting lenders cannot walk away from
A creditor who votes against a plan might reasonably expect to keep its own rights intact. Under the Code, it does not.
Business Standard reports that Section 115 of the IBC governs the effect of an approved repayment plan, and that the tribunal held the plan binds creditors covered by it, including those who voted against. Allowing dissenters to pursue their full original claims outside the plan would, in the tribunal’s reasoning, defeat the collective character of insolvency. The order also notes that once a discharge order is passed under Section 138, creditors cannot continue to pursue the personal guarantor for past dues covered by that discharge.
The practical consequence is worth stating flatly. HDFC Bank, Axis Bank, Canara Bank, RBL Bank, Union Bank of India (UK), LIC Housing Finance and IDBI Trusteeship for the Franklin Templeton fund all voted no, and all of them are inside the plan. Their remedy is an appeal, not a private enforcement route against the guarantor.
The asymmetry that decided this case
A creditor with 3.17 per cent of voting share has no ability to block a plan, no ability to opt out of it, and no ability to negotiate separately once it is approved. It has one lever: persuading an appellate tribunal that the process or the evidence was defective. That is a narrower target than arguing the outcome was unfair, and it is the lever both HDFC Bank and LIC Housing Finance are now reaching for.
From ₹45,888 crore to ₹31.79 crore: the gap the order left open
The objecting creditors’ strongest point was never the percentage. It was the estate. Bar and Bench reports that they relied on net-worth certificates showing Chandra’s net worth at approximately ₹45,888 crore in 2017 and ₹40,562 crore in 2018, against a present stated net worth of about ₹31.79 crore.
What the third member did with that gap is the finding most likely to be tested on appeal. Business Standard’s account is careful: the order records the objections based on those historical figures, but does not provide a complete, asset-by-asset explanation of how the wealth declined to the current valuation. The third member held that the discrepancy alone did not establish concealment, and did not make a forensic investigation mandatory before the plan could be considered.
That is a ruling about the evidentiary threshold for ordering an investigation. It is not a finding that the decline has been explained, and the order does not claim to be one.
The associate-vote question that could have changed the result
There was a second line of attack, and on the arithmetic it was the more dangerous one. Business Standard reports that dissenting creditors argued some entities supporting the plan were associated with Chandra or the Essel Group. That matters because creditors falling within the statutory definition of an associate can face restrictions on voting.
Run the numbers on what that would have meant. If entities holding, say, the largest single supporting position had been excluded from the count, the supporting bloc would have fallen from 77.48 per cent to under 50 per cent of total voting share, and the plan would not have carried. The margin between approval and rejection was never about the banks. It was about whether four large non-bank holders were entitled to vote.
The third member found the evidence insufficient to establish a legal basis for excluding those votes, so they remained part of the approving majority. That is a finding on sufficiency of evidence rather than on the underlying relationships, which is precisely the kind of finding appellate benches are asked to revisit.
The ₹1,494 crore that never made the headline
Here is the number that changes the meaning of the story, and it appeared in almost no coverage. Business Standard reports that government sources sought to correct the impression that the order meant a 99.97 per cent loss on the underlying loans, and said the repayment plan envisages about ₹1,494 crore in payments by the principal corporate borrowers, separate from Chandra’s personal contribution.
That is roughly 239 times the ₹6.25 crore corpus. It is not money received, it is not enforced by this order, and it has not been published as a schedule with dates or security attached. But it is the reason the personal insolvency figure and the eventual loan-loss figure are not the same figure.
Reporting carried by Storyboard18, citing the Economic Times, adds a related point from LIC Housing Finance itself: the lender has said the NCLT order does not affect the underlying liabilities of the corporate borrowers or its security. A dissenting creditor bound by the plan against the guarantor is not bound in its dealings with the borrower.
What Subhash Chandra says the numbers actually are
On 27 August 2026, Chandra issued a statement disputing the reporting. He said there is no personal borrowing by him from any creditor named in the order and that he only signed personal guarantees, and he urged media organisations to correct information he described as incorrectly interpreted from the court order.
His central factual claim is that the relevant claims total ₹3,992 crore rather than ₹22,000 crore. He said ₹620 crore of that has already been settled, and that lenders whose claims totalled ₹16,386 crore had either accepted the plan or filed no objection, with admitted claims for that group at ₹16,201 crore. He also said the borrowing entities have repaid approximately ₹43,000 crore since January 2019, against total outstanding borrowings of about ₹45,000 crore as of 24 January 2019.
| Figure | Order and reporting | Chandra’s statement | Status of the discrepancy |
|---|---|---|---|
| Total claims | ₹22,006.57 crore admitted | ₹3,992 crore described as the relevant claims | Not reconciled by either side |
| Guarantees signed | Not separately stated in reports reviewed | Approximately ₹22,000 crore | Consistent with the admitted total |
| Already settled | Not separately quantified | ₹620 crore | Statement only |
| Further settlement offered | Not in the order as reported | ₹1,063 crore or ₹1,113 crore | Reports give different figures |
| Non-objecting claims | Not separately quantified | ₹16,386 crore filed, ₹16,201 crore admitted | Statement only |
| Group repayment | Outside this proceeding | ₹43,000 crore of about ₹45,000 crore since 2019 | Not independently verified here |
| Vote split | 80.81% approval on voting share | 80.814% in favour, 19.186% otherwise | Agrees with our recomputation |
One observation follows from putting the two sets of numbers side by side, and it is ours rather than anyone else’s. The seven objecting institutions held 18.39 per cent of voting share, which maps to roughly ₹4,047 crore of admitted claims. That is close to the ₹3,992 crore Chandra calls the relevant claim total. The two sides may be describing the same objecting bloc and disagreeing only about whether the non-objecting claims should be counted in the headline at all.
How rare is an approved personal-guarantor plan in India?
Rare enough that insolvency practitioners are reading one order about one businessman with unusual attention. Personal guarantor insolvency is the youngest and thinnest part of the Code: the provisions came into force only on 1 December 2019.
The regulator has been closing exactly the gaps this case exposed. Amendments effective 2 June 2026 inserted a new Regulation 6A requiring a comprehensive asset statement from the guarantor, replaced Regulation 11A to coordinate asset transfers, and tightened Regulation 17B, which deals with cases admitted where no repayment plan is ever filed. A guarantor admitted into the process after that date faces a materially heavier disclosure burden than one admitted in 2024, which is when this case was admitted.
Where a promoter guarantee really sits on the recovery scale
For a credit committee, the useful output of this order is a repricing question rather than a moral one. What is an unsecured promoter guarantee worth once the personal estate has been depleted? The rail below places recovery outcomes into bands and states what each implies for how the instrument should be carried.
Symbolic
Residual
Partial
Substantial
Strong
The comparison is not like for like, because Videocon was a corporate resolution with operating assets while this is an individual’s estate. It is still the right order-of-magnitude reference, and it explains why practitioners describe this outcome as a category of its own rather than a bad result within a familiar range.
Four routes that survive the plan
The order closes one door and leaves several open. Ranked by how directly each bears on actual recovery, here is what remains available to a lender bound by the plan.
What had not happened as at 28 August 2026
Appeals had been signalled in public statements but not confirmed as filed in the reporting reviewed here. The matter also has to return to the original two-member bench for consequential directions, and the approval is subject to changes in the list of eligible creditors and redistribution of the corpus. No creditor’s final rupee entitlement is fixed yet, and the discharge order under Section 138 is a separate step.
Eight things this order changes about underwriting a promoter guarantee
None of this is legal advice. It is the practical reading a credit committee would take from the order and the reporting around it.
The vocabulary of the order, decoded
Several terms in this case were used loosely in the coverage, and the looseness is where the misunderstanding lives. This table gives each one in plain language and says why it matters here.
| Term or section | Plain meaning | Why it matters in this case |
|---|---|---|
| Personal guarantor | An individual who promises to pay a company’s debt on default | Chandra is in the process as guarantor, not borrower |
| Admitted claim | The amount a resolution professional accepts as validly claimed | ₹22,006.57 crore across 23 creditors |
| Voting share | A creditor’s weight in the vote, set by admitted claim value | Four non-bank entities held 67.49 per cent |
| Section 94 | Application to begin the process, filed by the debtor | 167 such filings to February 2023, per IBBI |
| Section 95 | Application filed by a creditor against the guarantor | The route used by Indiabulls Housing Finance in 2022 |
| Repayment plan | The guarantor’s proposal, drawn up with the resolution professional | ₹6.25 crore to creditors plus ₹25 lakh of costs |
| Section 114 | The provision under which a repayment plan is approved | The section applied in the 25 August 2026 order |
| Section 115 | The effect of an approved plan on creditors | Binds dissenters covered by the plan |
| Section 138 | Discharge order releasing the guarantor from covered dues | Ends pursuit for past dues once passed |
| Section 419(5), Companies Act | Lets the NCLT President refer a split to a third member | How Nilesh Sharma came to decide this case |
| Associate | A statutorily defined related party whose vote can be restricted | Alleged against supporting creditors, not established |
| Regulation 6A | Mandatory comprehensive asset statement by the guarantor | In force from 2 June 2026, after this admission |
| Haircut | The share of admitted claims that goes unpaid | About 99.97 per cent under this plan |
What we know, and what is still unclear
Separating the confirmed from the unconfirmed is the most useful thing an explainer can do while a matter is still live. The first list is recorded in the order or in reporting on it. The second is not.
What we know
- NCLT Member (Judicial) Nilesh Sharma, sitting as a third member on the Delhi bench after a split verdict, approved the repayment plan on 25 August 2026 under Section 114 of the IBC.
- The plan provides ₹6.25 crore for creditors and ₹25 lakh for process costs against admitted claims of ₹22,006.57 crore, a haircut of about 99.97 per cent.
- Creditors holding 80.81 per cent of voting share approved it; the schedule shows ten creditors in favour, seven against and six not voting.
- LIC Housing Finance had an admitted claim of ₹1,322.39 crore and the order records a proposed payment of ₹38.09 lakh, which the lender called unviable and unlawful.
- The case began with Indiabulls Housing Finance, now Sammaan Capital, moving under Section 95 in 2022 over a ₹170 crore loan to Vivek Infracon.
- The original split was between Judicial Member Ashok Kumar Bhardwaj and Technical Member Reena Sinha Puri, and the third member was appointed under Section 419(5) of the Companies Act, 2013.
- HDFC Bank has said it is exploring an NCLAT appeal, and LIC Housing Finance has been reported as deciding to challenge the order and to explore intervention through the National Housing Bank.
What is still unclear
- The date on which creditors voted on the repayment plan has not been confirmed in the reporting reviewed for this article.
- The final amount each creditor receives is not settled, because the approval is subject to changes in the eligible creditor list and redistribution of the corpus.
- Whether the signalled appeals have been filed, on what grounds, and whether any stay has been sought had not been confirmed as at 28 August 2026.
- How the ₹1,494 crore expected from principal borrowers is structured, secured or timed has not been published in the reporting reviewed here.
- The asset-by-asset explanation for the fall in stated net worth from ₹45,888 crore in 2017 to about ₹31.79 crore is not set out in the order as reported.
- Whether Chandra’s ₹3,992 crore figure and the ₹22,006.57 crore admitted total can be reconciled, and on what basis, has not been explained by either side.
- The identity and relationships of the four largest supporting creditors have not been detailed publicly beyond the allegation that was rejected for want of evidence.
Frequently asked questions
Why did the NCLT let Subhash Chandra settle ₹22,006 crore of claims for ₹6.5 crore?
Because it was not asked to price the claims. Creditors holding 80.81 per cent of voting share had approved the plan, and the tribunal said it could not substitute its own commercial judgment for theirs. Its role was to check that the statutory process was followed, the voting was valid and the plan complied with the Code. The resolution professional’s valuation also found the realisable personal estate was worth significantly less than the plan offered.
Did Subhash Chandra personally borrow ₹22,006 crore from banks?
No. The figure is the total of claims admitted against him as a personal guarantor for loans raised by companies and other principal debtors. A guarantor’s liability can far exceed anything he borrowed or owns. Chandra has stated publicly that there is no personal borrowing by him from any creditor named in the order and that he only signed guarantees, which he puts at around ₹22,000 crore in total.
Does the IBC set a minimum recovery or cap the haircut in a repayment plan?
No. The Code does not fix a universal minimum percentage that creditors must recover under a personal-guarantor repayment plan. It regulates the process instead: the guarantor prepares a plan with the resolution professional, creditors vote on it, and the adjudicating authority checks compliance with the Code. That is why a recovery of 0.028 per cent did not breach any statutory floor, though the plan still had to satisfy the Code’s other requirements.
Are the banks that voted against the plan bound by it?
Yes. Section 115 of the IBC governs the effect of an approved repayment plan, and the tribunal held it binds creditors covered by it, including those who voted against, because allowing dissenters to recover their full claims outside the plan would defeat the collective nature of insolvency. Their remaining options are an appeal to the NCLAT and separate action against the principal borrowers and any security held.
How much will each objecting lender actually receive under the plan?
LIC Housing Finance is recorded in the order as receiving ₹38.09 lakh against an admitted claim of ₹1,322.39 crore. Applying the same rate to the other objectors’ voting shares gives roughly ₹21.00 lakh for IDBI Trusteeship acting for the Franklin Templeton fund, ₹19.81 lakh for HDFC Bank, ₹17.88 lakh for Axis Bank, ₹10.00 lakh for Canara Bank, ₹4.75 lakh for Union Bank of India (UK) and ₹3.44 lakh for RBL Bank. All seven together receive about ₹1.15 crore.
Is ₹22,000 crore of Essel and Zee-linked debt now written off?
Not as a matter of law. The 99.97 per cent figure describes recovery under one guarantor’s plan against claims admitted in that proceeding. The principal borrowers remain separately liable, collateral is not extinguished, and government sources have described about ₹1,494 crore as expected from those borrowing companies. LIC Housing Finance has itself said the order does not affect the underlying liabilities of the corporate borrowers or its security.
Why was the original two-member NCLT bench split on this case?
Judicial Member Ashok Kumar Bhardwaj and Technical Member Reena Sinha Puri disagreed on the creditors’ objections, including whether the guarantor’s assets had been adequately verified, the gap between the 2017 and 2018 net-worth certificates and the present stated estate, and alleged links between Chandra and some supporting creditors. The NCLT President referred the points of difference to a third member under Section 419(5) of the Companies Act, 2013.
What did the tribunal decide about creditors allegedly linked to Chandra?
Dissenting creditors argued that some entities backing the plan were associated with Chandra or the Essel Group, which matters because creditors within the statutory definition of an associate can face voting restrictions. Excluding those votes could have changed the outcome, since four non-bank holders carried 67.49 per cent of the vote. The third member found the evidence insufficient to establish a legal basis for exclusion, so those votes stayed in the majority.
How common are approved repayment plans for personal guarantors in India?
Uncommon. IBBI data to end-February 2023 recorded 1,771 applications filed since the provisions commenced on 1 December 2019, of which 178 had been admitted and repayment plans approved in only two cases. A later IBBI position reported in May 2025 recorded 664 admitted cases, with 143 closed because no plan was submitted or the plan was rejected. Check the latest IBBI quarterly newsletter for current figures.
What should a lender change about promoter guarantees after this order?
Carry the guarantee at the guarantor’s realisable estate rather than its face value, and refresh net-worth evidence rather than relying on certificates that may be years old. Model your likely voting weight in advance, because a 3 per cent holder cannot block a plan, opt out or settle separately. Keep enforcement against the borrower and any security running in parallel, and use the Regulation 6A asset statement that has applied since 2 June 2026.
The short version
A tribunal approved a plan under which one man pays ₹6.5 crore against ₹22,006.57 crore of claims admitted against him as a guarantor. It did so because creditors holding 80.81 per cent of votes cast said yes, because the Code sets no minimum recovery, and because the valuation found his personal estate was worth less than the plan offered. Four non-bank entities carried 67.49 per cent of the vote. The seven institutions that objected held 18.39 per cent, will share about ₹1.15 crore between them, and are bound by the plan regardless.
What the order does not do is erase the underlying loans. The borrowers remain liable, security remains enforceable, about ₹1,494 crore is expected from those companies, and two lenders are heading to the appellate tribunal. The number to watch next is not 99.97 per cent. It is what the NCLAT does with the associate-vote finding, and how much of that ₹1,494 crore actually arrives.